WEBVTT

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Natalie's smiling like, oh, I'm on camera. Hi. So hey, everybody, welcome to Day 2's VIP. I just

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wanted to welcome everybody to this. Everybody's getting into the room. We're going right to

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questions and answers. And Natalie, go right ahead. Yeah. Thank you. I was curious if we

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file for U.S. trademarks and copyrights and that sort of thing to try to protect our work

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internationally if we're doing, for example, online business or adding online business material

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that's creative. How do we protect that internationally? Would that be something?

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That's a great question. Yeah. All right. So this is what I was talking about. There are certain

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people who are here that are actually doing this already. And so this is a really good example of

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this. So if you file a trademark application in the United States and you know that you're going

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to be using a trademark, let's say, in Canada and you're going to be using the trademark in,

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let's say, Europe, like you're going into Germany, you're selling there and you're

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selling into Australia. Within six months of filing your application in the United States,

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you can file a foreign application. You can file one application that includes many different

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countries that are a part of that application. OK, but it has to be done within six months.

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OK, so this is it's a CTM application. So what it does is it includes multiple different countries

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that are part of this of this one filing. And then you designate all these countries in the filing.

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And now once that case gets examined by each of the different the different offices, if it gets

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rejected, then you're going to need an exam. You're going to need an attorney in that country

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to proceed with examination in that country. And so the beauty of it is since you're jumping into

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the the offer, you're going to have attorneys assigned to you. So you don't have to worry

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about having to figure out, well, I'm doing work in, let's say, I'm doing work in Australia.

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Like I can send you to PISIs, like PISIs is an Australian law firm. You know, I'm doing work in

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India. OK, well, I could send you to Chattanooga. Right. So there's different firms in each

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geographical region. So you file in the U.S. within six months. You do your foreign filing

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so you can maintain that original filing date. And then once that examination takes place,

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you go, oh, my gosh, I got rejected in Russia. Got it. So Gorvinsky, I can call them up and say,

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hey, Jessica, I've got a client over here. They got an issue. Can you talk with them? They say,

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yes. Boom, you're all set. So they'll work with you individually. So that's all included. So you

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won't have to worry about any of that stuff. But basically within six months of your original

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filing, that's when you would do your foreign filing. Yeah, I'm just trying to figure out

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because if you have information online, you know, anybody in the world could access that,

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including A.I. So I don't know how to protect that. Yeah. With regard to you, you mean with

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regard to another person taking the trademark that you already filed and using it in another

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country? Right. Yeah. So here's the beauty of it is if you file in the United States

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and you don't have to wait the full six months, like you can file beforehand, you can file

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in the United States and then within 30 days, foreign file. Right. And just to be clear, like

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what what Natalie is talking about is not theoretical. Like it actually happens. There's

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people in and this happens in China a lot. What happens is that somebody falls in the United

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States and somebody in China falls for the exact same application, because in China you don't have

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to actually prove use. You can just file it and then designate all of the international class.

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And so in during that pendency, you know, now you get somebody basically blackmailing you. So what

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I essentially told people is if you're really interested in foreign filing, you file in the

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United States. Just let me know if you're going to go into foreign filing right away.

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It's a form. It's not that difficult. Like my paralegals put it together. It's not not saying

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my paralegals aren't smart. They're incredibly smart, but it's not that complex. And so they

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designate all the countries, they list all the goods and services, and then they do this foreign

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filing. And so now you're on a holding period for the examination to take place by the individual

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offices. If it's rejected, the beauty of it is if it's not rejected, it just goes right through.

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You never need an agent in any foreign country that way if it's never rejected. But if it is

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rejected, now you need an agent in, let's say, India or China or, you know, Botswana. You know,

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it can be anywhere. And so we have agents all over the world that you can use.

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It sounds like if I understand correctly, the U.S. helps us do that.

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by, I guess, distributing that information

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and asking for approval from all those different countries?

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Yeah, so if you file in the U.S.,

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and let's say within 30 days you do that foreign filing,

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that foreign filing covers all countries, right?

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So you designate all the countries.

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So the second that you file that,

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that's your priority date in all the foreign countries.

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So nobody else can file.

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Remember, foreign countries are a first-to-file system,

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and even in the United States, it's a first-to-file system.

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So if you file in the United States

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and you file within 30 days your foreign filing,

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nobody's gonna know about it.

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It's just, the chances are extremely slim.

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And in 25 years, I've never had a single case happen

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where somebody within 30 days filed in a foreign country.

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It's just never happened.

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So what I would do, though, is file U.S.,

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file that, that CTM application,

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and then designate all the countries that you want.

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And then when that application has been examined,

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if there's no rejections,

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it'll go right through to registration.

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If there is a rejection at that point,

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like I have one client who filed in 12 different countries,

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I think 11 or 12 different countries,

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and he sells wallets, right?

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And so, but he also sells like key chains

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and all those other things.

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And so it was allowed in nine of the countries, right?

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Three of them were rejected.

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So now we had to get an agent in Russia,

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agent in Germany, and agent in,

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there was one more, Australia.

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So three different countries.

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So all I did was email my agents,

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say, hey, got this situation here.

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It looks like a simple situation.

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I think we just have to modify the registration of services.

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I mean, I'm sorry, the registration of goods.

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And they said, oh yeah, that's really simple.

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Yep, I'll take care of it.

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Done.

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500 bucks, they were done.

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It was so simple, you know?

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So that's the way I would do it.

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I wouldn't file and wait a really long time

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if you're concerned that somebody

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is gonna grab your trademark.

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I just file within 30 days.

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You can swear back to the priority date

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of the original application anyway.

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And that's the beauty of it.

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As long as you file within those six months,

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you get to rely upon the filing date of the US.

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So when you foreign file,

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the filing date for the foreign case

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is the filing date of the US.

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Because it's connected.

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It's in the family.

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So as long as you file within six months,

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you enjoy the priority date of the US filing

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in the foreign country.

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That's the beauty of foreign filing.

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If you don't do it within six months,

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that's when it's unfortunate.

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And I've seen that happen.

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It's rare, but I've seen it happen

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where somebody does exactly what you're saying.

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They come in, they see the company,

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they get the trademark,

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and then they want five grand.

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Like, oh yeah, very happy to give it to you.

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$5,000 please.

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And there's just no way around that.

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Like they know they can blackmail you

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because you can't stop them.

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And so, yeah.

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But clearly you're smart enough to know the issue already.

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So that's the route I would go.

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It's fairly inexpensive.

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It's not a very expensive process.

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Trademarks are pretty inexpensive, yeah.

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All right, so-

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Our protection portal members are going to love Natalie.

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Well, Natalie understands this stuff.

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I mean, the fact that she's talking about this stuff

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the way she is, she understands it,

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which just makes it more valuable for her,

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which is good,

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because she'll know how to take advantage of it.

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There's a number of people that jump in that don't know.

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It's kind of like, you know,

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all of a sudden you own a car

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that has a ton of different features.

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And you're like, I know how to drive,

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go forward and back and park.

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It's like, yeah, but it does like 4,000 things.

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It's like, yeah, but I don't understand that.

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But if you understand the car, you could have a lot of fun.

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So yeah, you'll be able to do a lot of things.

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All right, so let me do this.

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The thing that I promised to do for everybody here

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is to show all of you

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an actual live trademark application filing.

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And so I want to walk through that with all of you

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so you understand all of the parts piece by piece

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that are involved in a trademark application.

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And during this process, you can ask any questions.

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So as I start to show you what you're adding

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into the application,

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please like feel free to ask any questions.

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Stop me, you know, you're not interrupting me.

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This is your time.

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Like, that's why I did this.

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This is to help you guys.

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Let me just type one more thing here.

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Let me open this here, hold on.

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Okay, all right, let me go into the USPTO site.

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Yeah, if you want to get a lot of traffic,

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I'm sure you guys already know this,

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but if you ever want to get a lot of traffic,

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you take a really famous domain name

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and you change like one letter,

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like the last letter associated with it,

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you get a ton of traffic.

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It's like, it's not the best thing to do,

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but I can tell you like,

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I can't tell you how many times I've typed in

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instead of USPTO.gov,

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I've typed in like USPTP or something like that

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and .gov or whatever.

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And so imagine if you were the person

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that had that one misspelling,

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how many millions of people that go to your site?

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So let me share the USPTO website with you guys now.

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And we'll jump into how to do this.

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There we go.

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Okay, all right, like I said, as we're going along,

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just let me know if you have any questions

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and I'll be happy to answer them.

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All right.

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This is the main site.

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Can everybody see the USPTO site?

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Okay, great.

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All right, so you click on trademarks,

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you go under, actually, your best way to do it

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is when you're on the main site,

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you click on My USPTO,

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that's the best way to actually do this stuff

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and then log in with your own government account.

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You guys actually probably don't have one, I do.

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So I'm gonna log in to my government account

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and then I'm gonna click on file an application,

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file a tease application.

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What a tease application is, is an online filing.

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They're gonna send me a code.

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I'm gonna stop sharing,

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so you can't see my law firm website

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or my law firm email

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with clients.

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All right, there's my link.

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366-548, 366-548.

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Now I just type in here, 366-548, verify.

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Okay, now I'm in.

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So this is what the site looks like.

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Let me share my screen again.

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And there you go.

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Okay, this is the United States Patent and Trademark Office

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website for applications, all right?

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This is what the page looks like.

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So it's principal register right here,

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filing an application on the principal register.

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As I scroll down, you see Tease Plus and Tease Standard.

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Tease Plus is less expensive.

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You see it's $250 per class.

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The other one is $350 per class.

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The reason why is because Tease Plus is using

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the description of the goods or services

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that the USPTO provides versus your own,

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like your own created description.

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And so since you're using the USPTO's own description,

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they're not gonna reject their own description.

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So it's taking less time on behalf

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of the examiner to examine.

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So because of that, all you do is,

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what I typically suggest to people is to use the Tease Plus.

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But if you can't find the words that,

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as I'm gonna walk you through this,

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if you can't find the words that are related

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00:13:37.480 --> 00:13:40.600
to for your application, then I would just choose standard.

245
00:13:40.600 --> 00:13:43.200
That means you can just type in your own words.

246
00:13:43.200 --> 00:13:45.520
I'll explain that in a second.

247
00:13:45.520 --> 00:13:48.120
Is an attorney filing this application?

248
00:13:48.120 --> 00:13:51.440
Okay, this is actually a really funny feature here

249
00:13:51.440 --> 00:13:53.520
because I technically am an attorney.

250
00:13:53.520 --> 00:13:56.560
So when I filed a trademark application for myself,

251
00:13:56.560 --> 00:13:59.680
I actually selected that an attorney was filing it.

252
00:13:59.680 --> 00:14:01.920
But then when I listed myself as the applicant,

253
00:14:01.920 --> 00:14:04.620
they rejected my application saying that,

254
00:14:05.800 --> 00:14:08.580
you can't be the attorney and be the applicant.

255
00:14:10.320 --> 00:14:13.120
And I said, but I am an attorney and I am the applicant.

256
00:14:13.120 --> 00:14:17.400
And they said, yeah, it's an issue with the software.

257
00:14:17.400 --> 00:14:21.600
So you have to actually say, no, attorney's not filing it.

258
00:14:21.600 --> 00:14:23.480
And then you click continue.

259
00:14:23.480 --> 00:14:26.120
All right, now we start to get into the fun.

260
00:14:26.120 --> 00:14:27.640
The owner of the mark.

261
00:14:27.640 --> 00:14:29.880
Now, what's an owner of a mark?

262
00:14:29.880 --> 00:14:30.980
If you're gonna have it,

263
00:14:30.980 --> 00:14:33.640
let's say Natalie's filing an application in her own name,

264
00:14:33.640 --> 00:14:36.240
then she could file just Natalie Green.

265
00:14:36.240 --> 00:14:39.200
But let's say Natalie's filing it in the name of like,

266
00:14:39.200 --> 00:14:40.800
Trenton Corporation.

267
00:14:40.800 --> 00:14:41.720
Then she would come in here,

268
00:14:41.720 --> 00:14:43.800
she would type in Trenton Corporation.

269
00:14:43.800 --> 00:14:46.080
Whoever is going to own the trademark,

270
00:14:46.080 --> 00:14:48.480
that's who you list, okay?

271
00:14:48.480 --> 00:14:49.920
Not just the one who's filing it,

272
00:14:49.920 --> 00:14:51.760
like whoever is going to own it.

273
00:14:51.760 --> 00:14:53.740
That's who you want to list.

274
00:14:53.740 --> 00:14:56.520
This is extremely important because

275
00:14:57.440 --> 00:15:00.160
if you want the asset to belong to a corporation.

276
00:15:00.000 --> 00:15:04.320
so that you have a write-off for that corporation, then you want to list the corporation here.

277
00:15:05.040 --> 00:15:09.280
Then you can take the USPTO filing and just write it off as a business expense,

278
00:15:09.280 --> 00:15:15.680
as a corporate expense, right? There are individuals that have formed corporations

279
00:15:15.680 --> 00:15:20.480
in their own name, so yeah, they can obviously in that case list their own names here, but

280
00:15:21.440 --> 00:15:26.240
I typically tell people to list a corporation. So that's one of my entities, A to E Challenges,

281
00:15:26.240 --> 00:15:30.800
it's one of the entities, that's my educational institution. So then when you come down here

282
00:15:30.800 --> 00:15:38.560
under entity type, you just figure out which one of these your entity type falls into. So if it's

283
00:15:38.560 --> 00:15:44.640
like an S-Corp, that's corporation, in my case it's an LLC. When you click on LLC, look at what

284
00:15:44.640 --> 00:15:52.480
happens. Right down here, it asks you what's the state of incorporation. So now for me,

285
00:15:53.360 --> 00:15:58.720
I incorporated in New Hampshire intentionally. So I put it in New Hampshire, now I've got the

286
00:15:58.720 --> 00:16:05.760
state of incorporation. So I've got my company, the state of incorporation, then I come down here

287
00:16:05.760 --> 00:16:11.520
and ask for the address. So now I'm just filling out the address here, right? But here's the

288
00:16:11.520 --> 00:16:16.000
interesting thing is, you got to make sure it falls under where the star, the asterisk is.

289
00:16:16.720 --> 00:16:25.040
So if you have in your buffer or in your cache an address, when you right-click and paste it,

290
00:16:25.040 --> 00:16:28.880
it's going to put the address up top in the internal address area and you're going to get

291
00:16:28.880 --> 00:16:33.520
a rejection. So you got to cut it from there and then paste it under a mailing address.

292
00:16:34.880 --> 00:16:41.600
And now, so this is the address of the entity, okay? So if you're listing a corporation here,

293
00:16:41.600 --> 00:16:46.160
this is the address of the corporation. If you're listing an individual, it's the address

294
00:16:46.160 --> 00:16:52.560
of the individual. All right, so now I'm listing the address. I select the states, New Hampshire,

295
00:16:53.840 --> 00:17:00.000
then I come over here, United States, and then zip code. Let's say that's it.

296
00:17:01.920 --> 00:17:06.000
And then phone number, if you list the phone number, the good part about listing a phone

297
00:17:06.000 --> 00:17:10.720
number is that if your attorney wants to list a phone number, I would let them list their phone

298
00:17:10.720 --> 00:17:18.079
number, not your phone number. The reason why is because people will call the number that's

299
00:17:18.079 --> 00:17:22.480
listed on here. And if you don't want spam phone calls, it's probably a bad idea to list your

300
00:17:22.480 --> 00:17:27.920
personal phone number, okay? Unless you have like another number that you can use. Always list your

301
00:17:27.920 --> 00:17:33.760
email address, like always list your email address. So in this case, I've got a phone number that I

302
00:17:33.760 --> 00:17:40.160
randomly created. I put that in there. I've got an email address that I created. And then there's

303
00:17:40.160 --> 00:17:44.960
no website address. But if I have a website address for my company, I might list it down there.

304
00:17:46.080 --> 00:17:53.520
And then I click Continue. So far, everything works. Now, let's let's assume that like I did

305
00:17:53.520 --> 00:17:58.320
something wrong. Let's say I got rid of this city's gone. And I click Continue. Watch what

306
00:17:58.320 --> 00:18:04.640
happens. Oh, rejection. See tells you it's rejected, something's wrong. You have to go back

307
00:18:05.360 --> 00:18:10.800
and then come over here and put in the city. We need sound effects like

308
00:18:14.640 --> 00:18:21.920
I know. Continue there. Hold it. Oh, detecting multiple windows. No, I don't have to worry about

309
00:18:21.920 --> 00:18:28.080
that. I'm going to go back to the beginning. To make this faster, just to catch up to where I was.

310
00:18:28.080 --> 00:18:35.840
One other mark, Limited Liability Company, New Hampshire,

311
00:18:38.880 --> 00:18:41.920
internal address, cut and paste.

312
00:18:48.240 --> 00:18:49.040
New Hampshire.

313
00:18:50.000 --> 00:19:04.960
Zip. Email address. Okay, done. Continue. All right. Now we get to the interesting stuff. This

314
00:19:04.960 --> 00:19:10.320
is where you type in the the this is where the your firm will actually enter in the trademark

315
00:19:10.320 --> 00:19:16.560
itself. So let's say it's like flex here, right? Let's hit ask the trademark. That's where you type

316
00:19:16.560 --> 00:19:20.960
it. That's all. Very simple. And if you want to preview it, you can just click the preview button.

317
00:19:20.960 --> 00:19:28.320
And that's what it actually looks like flex here. Okay, very simple. Now clean. Now your lawyers

318
00:19:28.320 --> 00:19:32.560
will know whether or not you need an additional statement. You guys don't need to understand that

319
00:19:32.560 --> 00:19:38.160
for working with an attorney. They'll ask you a bunch of questions to see if there's some extra

320
00:19:38.160 --> 00:19:46.640
stuff that's needed. If you instead of following a word mark, if instead, it's a logo, then this

321
00:19:46.640 --> 00:19:57.200
is going to be a design, that button there. And so for that, in that case, a file with the image

322
00:19:58.080 --> 00:19:59.440
will be selected. So now

323
00:20:00.000 --> 00:20:03.080
You go into like, let's say images, pictures.

324
00:20:05.920 --> 00:20:07.400
Here we go, pictures.

325
00:20:07.400 --> 00:20:09.260
Then I grab one of the pictures.

326
00:20:11.080 --> 00:20:12.720
Boom.

327
00:20:12.720 --> 00:20:13.600
I attach it.

328
00:20:17.080 --> 00:20:19.280
Your image count, which is outside.

329
00:20:19.280 --> 00:20:21.760
Okay, so if you attach a logo,

330
00:20:21.760 --> 00:20:25.100
it needs to actually fall within the size

331
00:20:25.100 --> 00:20:26.200
of what's allowed here,

332
00:20:26.200 --> 00:20:28.800
which is no less than 300 dots per inch,

333
00:20:28.880 --> 00:20:31.120
no more than 350 dots per inch.

334
00:20:31.120 --> 00:20:32.960
That's what the lawyers will actually do.

335
00:20:32.960 --> 00:20:36.080
They'll change the format of the file

336
00:20:36.080 --> 00:20:38.040
to make sure it fits, all right?

337
00:20:38.040 --> 00:20:41.740
So then for the image itself,

338
00:20:45.600 --> 00:20:48.000
if there's color that you're going for in the image,

339
00:20:48.000 --> 00:20:51.800
you gotta describe the colors there.

340
00:20:51.800 --> 00:20:54.840
But what I tell people in general is

341
00:20:54.840 --> 00:20:56.960
when I file trademark applications for logos,

342
00:20:56.960 --> 00:20:58.320
I like to file them in black and white

343
00:20:58.840 --> 00:21:00.040
because then they cover all sorts of colors,

344
00:21:00.040 --> 00:21:01.720
not just one color.

345
00:21:02.680 --> 00:21:03.920
And then separate from that,

346
00:21:03.920 --> 00:21:06.640
you have to describe the logo.

347
00:21:06.640 --> 00:21:11.640
So if it was like an eagle with a face next to it,

348
00:21:11.760 --> 00:21:15.480
then I would say a prominently displayed eagle

349
00:21:15.480 --> 00:21:18.740
where a face is facing the same direction,

350
00:21:18.740 --> 00:21:21.320
the nose of the eagle or the beak of the eagle

351
00:21:21.320 --> 00:21:23.120
aligning with the nose of the face.

352
00:21:23.120 --> 00:21:26.040
And I would break down exactly a description

353
00:21:26.040 --> 00:21:27.400
of the logo itself.

354
00:21:27.400 --> 00:21:30.380
But I'm going to take the simple example.

355
00:21:32.480 --> 00:21:33.560
Let's go back.

356
00:21:33.560 --> 00:21:38.560
This is the problem with their go back system, the USPTO.

357
00:21:38.920 --> 00:21:40.880
This is why you want to do it right the first time

358
00:21:40.880 --> 00:21:42.780
because every time you got to go back,

359
00:21:45.000 --> 00:21:47.160
it ends up having a hiccup.

360
00:21:47.160 --> 00:21:51.800
So let me go back here, do it again, continue.

361
00:21:51.800 --> 00:21:54.080
Since I do this so much, it's so fast.

362
00:21:54.080 --> 00:21:55.160
I do it really fast.

363
00:21:56.080 --> 00:21:57.060
Oh, see.

364
00:21:59.480 --> 00:22:01.260
Their go back button should work better,

365
00:22:01.260 --> 00:22:04.440
but it just runs into problems all the time.

366
00:22:06.440 --> 00:22:07.280
But that's not for you.

367
00:22:07.280 --> 00:22:09.800
You guys don't have to worry about that.

368
00:22:09.800 --> 00:22:12.480
That's what your lawyers will have to deal with.

369
00:22:12.480 --> 00:22:14.440
All right, United States.

370
00:22:16.760 --> 00:22:17.820
New Hampshire.

371
00:22:19.680 --> 00:22:21.360
There we go.

372
00:22:21.360 --> 00:22:22.200
Email.

373
00:22:23.200 --> 00:22:25.760
Okay, continue.

374
00:22:28.040 --> 00:22:29.340
To mailing address.

375
00:22:31.240 --> 00:22:34.240
See, the exact thing I told you was going to happen.

376
00:22:34.240 --> 00:22:36.080
You got to paste it under mailing address.

377
00:22:36.080 --> 00:22:37.320
There it goes.

378
00:22:37.320 --> 00:22:38.640
All right, continue.

379
00:22:38.640 --> 00:22:41.560
Okay, so we're going to just do a word mark.

380
00:22:41.560 --> 00:22:45.720
So we'll just use Flexier as the word mark.

381
00:22:45.720 --> 00:22:47.320
We click continue.

382
00:22:47.320 --> 00:22:51.040
And now we have to select the goods or services for that.

383
00:22:51.040 --> 00:22:53.800
So let's say that Flexier is being used

384
00:22:53.800 --> 00:22:56.560
for athletic wear, right?

385
00:22:56.560 --> 00:22:59.720
So then all I do is I click add goods and services.

386
00:22:59.720 --> 00:23:04.060
And now I look for like athletic wear.

387
00:23:05.600 --> 00:23:06.720
Oops, where?

388
00:23:06.720 --> 00:23:09.680
Athletic wear.

389
00:23:09.680 --> 00:23:10.520
Go.

390
00:23:11.840 --> 00:23:13.520
When I click go.

391
00:23:19.160 --> 00:23:20.600
How come nothing's coming in?

392
00:23:22.040 --> 00:23:24.560
Nothing's coming up.

393
00:23:25.440 --> 00:23:26.840
Is something misspelled?

394
00:23:28.640 --> 00:23:29.680
No, that's not.

395
00:23:29.680 --> 00:23:30.640
That's right.

396
00:23:30.640 --> 00:23:33.000
Oh, let's say, so athletic wear didn't come up.

397
00:23:33.000 --> 00:23:35.560
So let's say sneakers.

398
00:23:35.560 --> 00:23:38.940
Let's say foot, footwear.

399
00:23:40.640 --> 00:23:42.040
It is misspelled.

400
00:23:42.040 --> 00:23:44.040
It's W-E-A-R, right?

401
00:23:44.040 --> 00:23:44.880
Yeah.

402
00:23:44.880 --> 00:23:45.700
There it goes.

403
00:23:45.700 --> 00:23:46.540
Okay, footwear.

404
00:23:46.540 --> 00:23:48.320
All right, so now I've got footwear.

405
00:23:48.320 --> 00:23:51.960
And let's say I'm going to use it for athletic footwear,

406
00:23:53.320 --> 00:23:54.920
waterproof footwear.

407
00:23:56.760 --> 00:23:58.520
Let's say footwear for men.

408
00:24:03.640 --> 00:24:05.160
You just basically look down the list

409
00:24:05.160 --> 00:24:07.520
to find the ones that align.

410
00:24:07.520 --> 00:24:09.240
Now, obviously the law firm will know

411
00:24:09.240 --> 00:24:11.600
which ones align a lot faster,

412
00:24:11.600 --> 00:24:14.000
but there's basically part of the process

413
00:24:14.000 --> 00:24:17.360
is figuring out which things here pertain

414
00:24:17.360 --> 00:24:20.040
to the footwear.

415
00:24:20.040 --> 00:24:23.240
So footwear, so let's say that's what we have.

416
00:24:23.240 --> 00:24:27.760
All I do now is say insert, checks, entries, done.

417
00:24:27.760 --> 00:24:28.600
See that?

418
00:24:29.640 --> 00:24:31.540
All of them populated.

419
00:24:31.540 --> 00:24:34.160
Now I have to specify if I'm actually using it already

420
00:24:34.160 --> 00:24:35.000
or not.

421
00:24:35.000 --> 00:24:36.480
Remember how I told you about an intent

422
00:24:36.480 --> 00:24:38.600
to use trademark application?

423
00:24:38.600 --> 00:24:41.560
Let's say you're not using it yet.

424
00:24:41.560 --> 00:24:44.080
You can just select 1B.

425
00:24:44.080 --> 00:24:45.560
That's what the 1B is here.

426
00:24:45.560 --> 00:24:48.040
That's an intent to use application.

427
00:24:48.040 --> 00:24:51.260
So now they're going to ask that you confirm

428
00:24:51.260 --> 00:24:53.000
that you understand that this is a 1B.

429
00:24:53.000 --> 00:24:54.400
That means at some point,

430
00:24:54.400 --> 00:24:55.760
you're going to have to file a petition

431
00:24:55.760 --> 00:24:57.600
to change it to an actual use

432
00:24:57.600 --> 00:25:00.120
or an affidavit to change it to.

433
00:25:00.000 --> 00:25:02.040
to alleged use.

434
00:25:02.040 --> 00:25:04.180
So they're gonna force you to click this box here,

435
00:25:04.180 --> 00:25:05.800
which the law firms will know about.

436
00:25:05.800 --> 00:25:07.940
And then you click assign flying bases.

437
00:25:07.940 --> 00:25:09.800
Boom, all of them say 1B now.

438
00:25:09.800 --> 00:25:10.640
See that?

439
00:25:10.640 --> 00:25:11.820
Every one of them says 1B.

440
00:25:13.160 --> 00:25:15.880
Now let's say that we're not,

441
00:25:15.880 --> 00:25:18.560
like we've already used footwear for men.

442
00:25:18.560 --> 00:25:19.840
Let's say these two here.

443
00:25:21.200 --> 00:25:22.520
It was already done for men,

444
00:25:22.520 --> 00:25:26.880
but these two here, athletic footwear and waterproof.

445
00:25:26.880 --> 00:25:29.400
Actually, let's say waterproof footwear

446
00:25:29.400 --> 00:25:32.160
has not been created yet, but these three have.

447
00:25:32.160 --> 00:25:34.680
So then what we do is we select section 1A.

448
00:25:36.240 --> 00:25:39.120
So now what we're gonna do is we have to change this.

449
00:25:39.120 --> 00:25:42.400
So if I go back, let's see if it'll work if I go back.

450
00:25:42.400 --> 00:25:43.580
Oh, it did work.

451
00:25:43.580 --> 00:25:44.420
Yay.

452
00:25:45.360 --> 00:25:46.200
Continue.

453
00:25:47.120 --> 00:25:52.120
So what I'm gonna do in this case is unselect.

454
00:25:52.400 --> 00:25:55.040
Let's select this one, this one, and this one.

455
00:25:57.280 --> 00:25:58.260
Let's see.

456
00:26:00.400 --> 00:26:01.800
I'm gonna remove these

457
00:26:03.160 --> 00:26:05.920
because they're listed as section 1B already.

458
00:26:05.920 --> 00:26:09.080
If you start doing this and you have to change it,

459
00:26:09.080 --> 00:26:11.580
you have to remove the check goods and services.

460
00:26:13.160 --> 00:26:16.440
Yes, now you have the one that was there before,

461
00:26:16.440 --> 00:26:18.560
and we're gonna add new ones.

462
00:26:18.560 --> 00:26:21.240
And so now we just select the ones

463
00:26:21.240 --> 00:26:25.660
that are not selected before, this one, this one.

464
00:26:26.660 --> 00:26:29.500
Let's say those two we're gonna add.

465
00:26:29.500 --> 00:26:31.340
Insert those two.

466
00:26:31.340 --> 00:26:34.680
Now there's, hold on a second.

467
00:26:35.580 --> 00:26:37.380
Go back, go back, go back, go back.

468
00:26:40.100 --> 00:26:41.580
There we go, okay.

469
00:26:41.580 --> 00:26:44.140
All right, so I wanna add one more.

470
00:26:44.140 --> 00:26:45.620
Let me just add one more.

471
00:26:46.860 --> 00:26:47.700
Waterproof footwear.

472
00:26:47.700 --> 00:26:50.620
All right, those are the three that I'm adding.

473
00:26:50.620 --> 00:26:52.740
I go insert the checked entries.

474
00:26:52.740 --> 00:26:55.440
Now I have to assign the following basis.

475
00:26:56.220 --> 00:26:58.680
If I am not using it yet for this one here,

476
00:26:58.680 --> 00:27:00.720
I click on that one, I select 1B.

477
00:27:02.360 --> 00:27:05.920
And now it assigns the following basis for 1B.

478
00:27:05.920 --> 00:27:07.000
That's done.

479
00:27:07.000 --> 00:27:09.200
But these two over here I am using already,

480
00:27:09.200 --> 00:27:11.500
so I select 1A for those.

481
00:27:11.500 --> 00:27:15.740
And now what it's asking me for is the actual specimen,

482
00:27:15.740 --> 00:27:19.560
the example demonstrating use of the trademark.

483
00:27:19.560 --> 00:27:21.600
This is where the attachment is added.

484
00:27:21.600 --> 00:27:23.700
So you add the specimen there,

485
00:27:23.700 --> 00:27:25.420
you describe the specimen,

486
00:27:26.700 --> 00:27:30.560
you list the date of first use of that trademark anywhere,

487
00:27:30.560 --> 00:27:32.860
and then the date of first use in interstate commerce,

488
00:27:32.860 --> 00:27:35.660
which means first sale across state lines.

489
00:27:35.660 --> 00:27:36.900
So you list all that.

490
00:27:37.740 --> 00:27:41.060
And so if I go, let me just add dates randomly.

491
00:27:42.180 --> 00:27:44.660
That, and then I'm just gonna do,

492
00:27:44.660 --> 00:27:46.540
just gonna write this stuff.

493
00:27:47.420 --> 00:27:48.540
Don't use that for a description.

494
00:27:48.540 --> 00:27:50.060
I'm just gonna write this stuff.

495
00:27:50.220 --> 00:27:53.640
And then attach, choose a file,

496
00:27:54.700 --> 00:27:56.520
picture of myself, attach it.

497
00:27:58.540 --> 00:27:59.980
Return to form.

498
00:27:59.980 --> 00:28:00.820
Okay.

499
00:28:02.220 --> 00:28:04.660
All right, so I've got the specimen attached.

500
00:28:04.660 --> 00:28:05.940
Your lawyers will actually know

501
00:28:05.940 --> 00:28:08.020
what type of specimen is necessary.

502
00:28:08.020 --> 00:28:10.980
I've got the dates of first use, ever,

503
00:28:10.980 --> 00:28:13.980
and then date of first use in interstate commerce.

504
00:28:13.980 --> 00:28:18.660
And then I assign the following basis for those two there

505
00:28:18.660 --> 00:28:19.980
as 1A now.

506
00:28:19.980 --> 00:28:23.180
Now it shows that you'll see 1A, 1A, and 1B.

507
00:28:24.060 --> 00:28:25.660
So now I have,

508
00:28:25.660 --> 00:28:29.380
that shows that it's been used for footwear already,

509
00:28:29.380 --> 00:28:30.660
and I have a date of first use.

510
00:28:30.660 --> 00:28:33.060
It's been used for athletic footwear already.

511
00:28:33.060 --> 00:28:34.140
I have a date of first use,

512
00:28:34.140 --> 00:28:37.220
but I haven't created any waterproof footwear yet.

513
00:28:37.220 --> 00:28:39.420
So that's why it's an intent to use.

514
00:28:39.420 --> 00:28:40.920
So you can have one application

515
00:28:40.920 --> 00:28:43.800
that includes actual use and intent to use stuff

516
00:28:43.800 --> 00:28:45.300
all in one application.

517
00:28:45.300 --> 00:28:46.620
That's why I'm showing you this,

518
00:28:46.620 --> 00:28:50.020
is that you can customize the application.

519
00:28:50.020 --> 00:28:52.540
So let's say that you're already using it

520
00:28:52.540 --> 00:28:53.520
for three different things,

521
00:28:53.520 --> 00:28:55.540
but you're not using it for two other things.

522
00:28:55.540 --> 00:28:56.740
Make sure you tell your attorneys,

523
00:28:56.740 --> 00:28:58.960
hey, I'm using it for these three things.

524
00:28:58.960 --> 00:29:00.700
I'm not using it for those two things.

525
00:29:00.700 --> 00:29:02.060
I want to file an intent to use

526
00:29:02.060 --> 00:29:03.700
for the ones I'm not using yet,

527
00:29:03.700 --> 00:29:06.580
and an actual use for the other ones that I am using.

528
00:29:06.580 --> 00:29:08.180
And then you just click continue.

529
00:29:09.100 --> 00:29:11.500
And boom, now it just asks you

530
00:29:11.500 --> 00:29:15.380
for an email address to communicate with.

531
00:29:15.380 --> 00:29:16.220
There's one there.

532
00:29:16.720 --> 00:29:18.260
You put a secondary one there,

533
00:29:18.260 --> 00:29:19.880
and you click continue.

534
00:29:20.780 --> 00:29:22.020
And there's your cost.

535
00:29:22.020 --> 00:29:22.860
That's it.

536
00:29:22.860 --> 00:29:26.740
Because it was in one international class, in class 25,

537
00:29:26.740 --> 00:29:29.020
it's $250.

538
00:29:29.020 --> 00:29:31.100
And then you sign it directly.

539
00:29:31.100 --> 00:29:32.220
You can read all this stuff.

540
00:29:32.220 --> 00:29:36.180
Basically, you check all the boxes, you sign it,

541
00:29:36.180 --> 00:29:37.820
and then you click validate,

542
00:29:37.820 --> 00:29:40.020
and then it goes, and then you actually pay for it,

543
00:29:40.020 --> 00:29:42.460
and it goes through as an application.

544
00:29:42.460 --> 00:29:45.640
So just to go back real quick,

545
00:29:47.220 --> 00:29:50.100
I just want to go back to see if there's any questions

546
00:29:50.100 --> 00:29:51.600
as I'm going through this.

547
00:29:52.980 --> 00:29:54.420
Okay, first part.

548
00:29:54.420 --> 00:29:56.940
Is there any questions on the owner part?

549
00:29:56.940 --> 00:29:58.200
Is that understood?

550
00:29:59.580 --> 00:30:00.400
Yeah?

551
00:30:00.000 --> 00:30:01.040
Okay, great.

552
00:30:01.040 --> 00:30:02.680
All right, so that's where you put your owner.

553
00:30:02.680 --> 00:30:04.360
That's where, if it's a corporation,

554
00:30:04.360 --> 00:30:08.120
you specify the type, the address of the corporation,

555
00:30:08.120 --> 00:30:11.160
the email address to be communicating with, right?

556
00:30:11.160 --> 00:30:14.440
Then your next part here, if it's a wordmark,

557
00:30:14.440 --> 00:30:16.480
that's where the wordmark goes there.

558
00:30:16.480 --> 00:30:19.480
For the logo, you click on this special form there.

559
00:30:19.480 --> 00:30:21.080
That's what the lawyers will do.

560
00:30:21.080 --> 00:30:24.680
Then you connect your logo to it itself.

561
00:30:24.680 --> 00:30:27.240
But since it's a wordmark, you just click continue.

562
00:30:28.240 --> 00:30:30.600
Let's say you're using it for other stuff.

563
00:30:30.600 --> 00:30:32.360
You can come over here and add more stuff.

564
00:30:32.360 --> 00:30:34.600
Let's say instead of footwear, we're doing,

565
00:30:36.360 --> 00:30:41.360
let's say we're using it for tents.

566
00:30:42.080 --> 00:30:43.960
Tents, let's look at tents.

567
00:30:45.400 --> 00:30:46.240
All right, there you go.

568
00:30:46.240 --> 00:30:49.840
Class CL-22 came up right away.

569
00:30:49.840 --> 00:30:51.200
Done.

570
00:30:51.200 --> 00:30:52.320
See how simple this is?

571
00:30:52.320 --> 00:30:54.760
Like, it's not really difficult.

572
00:30:54.760 --> 00:30:56.960
But the thing that you have to keep in mind

573
00:30:57.680 --> 00:30:59.840
is that there are different things.

574
00:30:59.840 --> 00:31:03.960
Like, there's tents for camping, tents made of fabric.

575
00:31:05.000 --> 00:31:06.280
There's tents not for camping.

576
00:31:06.280 --> 00:31:09.040
Like, there's all sorts of different things here

577
00:31:09.040 --> 00:31:11.920
that you could specify.

578
00:31:11.920 --> 00:31:15.880
But let's say that you have the pegs for the tent,

579
00:31:15.880 --> 00:31:17.360
and they're made of metal,

580
00:31:17.360 --> 00:31:20.180
and you're selling the pegs in a box.

581
00:31:21.100 --> 00:31:23.240
Then what you do is you click on this as well.

582
00:31:23.240 --> 00:31:24.720
And now when you come over here

583
00:31:24.720 --> 00:31:26.700
and say insert the checked entries,

584
00:31:27.460 --> 00:31:28.300
now those have come up too.

585
00:31:28.300 --> 00:31:30.900
All of this is the new stuff that you added.

586
00:31:30.900 --> 00:31:35.100
But you see how now I've added two new international classes,

587
00:31:35.100 --> 00:31:37.020
class 6 and 22?

588
00:31:37.020 --> 00:31:38.980
Well, watch what happens.

589
00:31:38.980 --> 00:31:40.600
So now I'm going to turn these off here

590
00:31:40.600 --> 00:31:43.100
because those already have a filing basis.

591
00:31:43.100 --> 00:31:44.300
I'm going to grab these over here.

592
00:31:44.300 --> 00:31:45.900
I'm just going to say they're all intent to use

593
00:31:45.900 --> 00:31:48.040
just to get things rolling.

594
00:31:49.000 --> 00:31:50.300
Watch what happens when I do this.

595
00:31:50.300 --> 00:31:52.000
Assign the filing basis.

596
00:31:52.000 --> 00:31:54.980
Everything has something assigned to it right there.

597
00:31:55.980 --> 00:31:58.900
And when I click continue, watch what happens.

598
00:31:58.900 --> 00:32:00.180
Continue.

599
00:32:00.180 --> 00:32:01.220
Look at the cost.

600
00:32:01.220 --> 00:32:02.460
See the cost difference?

601
00:32:04.340 --> 00:32:06.280
It's because now there's three classes.

602
00:32:06.280 --> 00:32:09.420
There's class 6, 22, and 25.

603
00:32:10.540 --> 00:32:14.780
So now it's $750 because it's $250 per class.

604
00:32:16.320 --> 00:32:17.760
Okay.

605
00:32:17.760 --> 00:32:20.180
And then all I do again is I check the boxes,

606
00:32:20.180 --> 00:32:24.280
sign, and then validate.

607
00:32:24.280 --> 00:32:25.820
And then afterwards I pay.

608
00:32:26.800 --> 00:32:27.640
All right.

609
00:32:27.640 --> 00:32:30.840
Those are all the parts of a trademark application.

610
00:32:30.840 --> 00:32:34.880
I wanted to show you this because there's this huge mystery

611
00:32:34.880 --> 00:32:36.200
when people deal with lawyers.

612
00:32:36.200 --> 00:32:39.840
They just, they don't, like they're lost.

613
00:32:39.840 --> 00:32:42.220
Now you know what they actually do in an application.

614
00:32:42.220 --> 00:32:45.400
So if you know that, you know,

615
00:32:45.400 --> 00:32:47.760
beforehand you can get them the right specimen.

616
00:32:47.760 --> 00:32:48.980
You can answer the right, you know,

617
00:32:48.980 --> 00:32:53.980
you can actually ask them, do you need this?

618
00:32:54.100 --> 00:32:54.940
Do you need that?

619
00:32:54.940 --> 00:32:56.780
Or here's my state of incorporation.

620
00:32:56.780 --> 00:32:58.140
Here's this, here's, like,

621
00:32:58.140 --> 00:33:00.700
when people work with us, with our law firm,

622
00:33:00.700 --> 00:33:03.140
I give them a trademark application form.

623
00:33:03.140 --> 00:33:04.460
All you do is fill it out.

624
00:33:05.380 --> 00:33:07.140
Like you fill it out right from the start.

625
00:33:07.140 --> 00:33:09.540
And then we do all the work on the backend.

626
00:33:09.540 --> 00:33:13.580
So the beauty of it is that we've made it so simple,

627
00:33:13.580 --> 00:33:16.140
like so ridiculously simple

628
00:33:16.140 --> 00:33:18.520
for people to get the information to us.

629
00:33:18.520 --> 00:33:21.140
What lawyers typically do is they have these long meetings

630
00:33:21.140 --> 00:33:23.220
going back and forth, asking lots of questions.

631
00:33:23.220 --> 00:33:26.940
And it can be annoying for the client.

632
00:33:26.940 --> 00:33:28.420
So I list it all on the form.

633
00:33:28.420 --> 00:33:30.420
I explain it very clearly.

634
00:33:30.420 --> 00:33:31.740
People that have been through a training,

635
00:33:31.740 --> 00:33:32.780
they just go through it and they're like,

636
00:33:32.780 --> 00:33:36.260
oh, this, this, this, this, here's that, this, this.

637
00:33:36.260 --> 00:33:38.380
And we figure out the international class.

638
00:33:38.380 --> 00:33:41.060
We figure out what your description, how it should look.

639
00:33:41.060 --> 00:33:45.340
We prepare the application and file it, done.

640
00:33:45.340 --> 00:33:49.540
And all that, all that process, getting you the form,

641
00:33:49.540 --> 00:33:53.500
having the meeting to discuss what needs to be in there,

642
00:33:53.500 --> 00:33:55.700
getting the application together, filing it,

643
00:33:55.700 --> 00:33:58.980
the USPTO filing fee, a quick search beforehand,

644
00:33:58.980 --> 00:34:01.660
all that is included in the package.

645
00:34:01.660 --> 00:34:02.980
All that's included.

646
00:34:02.980 --> 00:34:07.140
Now, if you file in three international classes,

647
00:34:07.140 --> 00:34:08.340
then you're going to have to pay more

648
00:34:08.340 --> 00:34:11.060
for the two extra international classes, right?

649
00:34:11.060 --> 00:34:12.940
So, and I believe the way we have that set up

650
00:34:12.940 --> 00:34:17.860
is it's like $200 RFI per additional class,

651
00:34:17.900 --> 00:34:20.460
but that's including like extra specimens,

652
00:34:20.460 --> 00:34:24.500
extra dates of first use, extra information being entered.

653
00:34:24.500 --> 00:34:27.460
Like we do a lot of stuff just to get that all together.

654
00:34:27.460 --> 00:34:29.460
And then there's one flat fee, done.

655
00:34:30.300 --> 00:34:31.139
Okay.

656
00:34:31.139 --> 00:34:34.260
Any question on that, that application, the parts of it?

657
00:34:35.139 --> 00:34:36.900
Okay, wonderful.

658
00:34:36.900 --> 00:34:40.020
Let me open it up to any other questions

659
00:34:40.020 --> 00:34:43.739
before I go on to the next topic I want to touch base on.

660
00:34:43.739 --> 00:34:45.860
Let's see if anybody has any questions.

661
00:34:45.860 --> 00:34:47.620
So I just had a question.

662
00:34:48.380 --> 00:34:52.860
I noticed you had logos and text separate, right?

663
00:34:52.860 --> 00:34:56.060
So if you had like the Nike logo,

664
00:34:56.060 --> 00:34:58.140
you would have to have two separate,

665
00:34:58.140 --> 00:34:59.420
complete separate filings, right?

666
00:34:59.420 --> 00:35:00.260
One for the text.

667
00:35:00.000 --> 00:35:01.600
X and one for the logo?

668
00:35:01.600 --> 00:35:02.720
Great question.

669
00:35:02.720 --> 00:35:04.600
Yeah, that's a really good question, Jay.

670
00:35:04.600 --> 00:35:09.160
So yes, there would be one application for the logo

671
00:35:09.160 --> 00:35:11.000
and then one application for the wordmark.

672
00:35:11.000 --> 00:35:13.720
Now, the way I would do something like that

673
00:35:13.720 --> 00:35:16.160
is I would file them separately, personally.

674
00:35:16.160 --> 00:35:19.280
I would file one application for the logo

675
00:35:19.280 --> 00:35:23.280
and then file a separate application for the wordmark

676
00:35:23.280 --> 00:35:27.900
because you can't have a logo and a wordmark

677
00:35:27.900 --> 00:35:28.960
in one application.

678
00:35:28.960 --> 00:35:31.220
They have to be two separate applications.

679
00:35:31.220 --> 00:35:36.220
So if it's like Nike Swoosh, Nike Just Do It,

680
00:35:36.460 --> 00:35:38.820
it's actually three applications in there.

681
00:35:38.820 --> 00:35:41.420
The Swoosh is protectable, Nike is protectable,

682
00:35:41.420 --> 00:35:44.560
and Just Do It is protectable, each one of those.

683
00:35:44.560 --> 00:35:46.380
And so I would file each one separate.

684
00:35:46.380 --> 00:35:47.580
And the reason why I would do that

685
00:35:47.580 --> 00:35:50.020
is that if anybody ever used Nike alone,

686
00:35:50.020 --> 00:35:50.940
trademark infringement.

687
00:35:50.940 --> 00:35:52.420
If they ever used the Swoosh alone,

688
00:35:52.420 --> 00:35:54.120
trademark infringement, right?

689
00:35:54.120 --> 00:35:58.000
If they ever used the Just Do It, trademark infringement.

690
00:35:58.000 --> 00:36:00.180
So now you're locking down your brand.

691
00:36:00.180 --> 00:36:03.380
What people don't realize is that a brand is,

692
00:36:03.380 --> 00:36:06.260
it's not just like a trademark.

693
00:36:06.260 --> 00:36:10.220
It includes a lot of different things in a single brand.

694
00:36:11.300 --> 00:36:16.180
In your brand, it can include like your name, your logo,

695
00:36:16.180 --> 00:36:18.820
that most certainly can be part of your brand,

696
00:36:18.820 --> 00:36:22.820
but it also includes things like your graphics

697
00:36:26.280 --> 00:36:27.700
or your images that are used.

698
00:36:28.200 --> 00:36:30.360
If there's certain images that you tend to use a lot,

699
00:36:30.360 --> 00:36:34.600
you can become very well known for those kinds of images.

700
00:36:34.600 --> 00:36:37.360
Also the color scheme that's used.

701
00:36:37.360 --> 00:36:41.520
So if you look at our funnel, our funnel uses,

702
00:36:41.520 --> 00:36:44.240
let me see if I could share my funnel real fast.

703
00:36:47.560 --> 00:36:48.680
There we go.

704
00:36:48.680 --> 00:36:50.920
What colors does it use, Peter?

705
00:36:50.920 --> 00:36:55.040
Our funnel, hold on a second, share funnel.

706
00:36:56.000 --> 00:36:56.840
There, okay.

707
00:36:56.860 --> 00:36:59.360
So this funnel here,

708
00:36:59.360 --> 00:37:02.140
see how it has like the blue with the orange,

709
00:37:02.140 --> 00:37:04.600
that tends to be the look that we use.

710
00:37:04.600 --> 00:37:07.540
The blue with the orange on the whole site.

711
00:37:07.540 --> 00:37:10.640
Again, blue with the orange, blue with the orange.

712
00:37:10.640 --> 00:37:15.640
The style of providing these boxes with the days,

713
00:37:17.060 --> 00:37:18.140
things like that,

714
00:37:18.140 --> 00:37:21.180
that can all be associated with what's called trade dress.

715
00:37:21.180 --> 00:37:24.740
So you can actually own that as well.

716
00:37:24.760 --> 00:37:28.560
But your brand will include like your colors.

717
00:37:28.560 --> 00:37:31.820
It includes your logo or include the name.

718
00:37:31.820 --> 00:37:36.560
It can also include things like your fonts that are used.

719
00:37:36.560 --> 00:37:38.300
It can include like a slogan.

720
00:37:38.300 --> 00:37:41.060
It can include like certain sounds that are used.

721
00:37:41.060 --> 00:37:43.940
And then like a certain tone that you use.

722
00:37:43.940 --> 00:37:46.980
All those things are included in your brand.

723
00:37:46.980 --> 00:37:49.900
So your question was a really good one, Jay,

724
00:37:49.900 --> 00:37:52.420
with regard to like a logo.

725
00:37:52.420 --> 00:37:55.060
Like do you file for the picture

726
00:37:55.060 --> 00:37:56.320
and then the word mark separate?

727
00:37:56.320 --> 00:37:57.500
The answer is yes.

728
00:37:58.460 --> 00:38:03.020
If, and it's only if, you're using the words separate.

729
00:38:03.020 --> 00:38:04.480
If you're not using the word separate,

730
00:38:04.480 --> 00:38:07.480
you can't really file for the word mark alone

731
00:38:07.480 --> 00:38:11.540
because well, you could,

732
00:38:11.540 --> 00:38:14.200
you might run into a battle though,

733
00:38:14.200 --> 00:38:16.680
because if the only time that you use the word

734
00:38:16.680 --> 00:38:17.660
is within the logo,

735
00:38:17.660 --> 00:38:20.380
your specimen is gonna be the logo itself.

736
00:38:20.380 --> 00:38:23.620
The USPTO should allow that,

737
00:38:23.620 --> 00:38:25.900
but they could reject it saying that your application

738
00:38:25.900 --> 00:38:28.300
is a logo, not a word mark.

739
00:38:29.220 --> 00:38:30.480
I've seen that before.

740
00:38:30.480 --> 00:38:31.840
You can win that argument,

741
00:38:31.840 --> 00:38:34.500
but in general, if there's words in your logo,

742
00:38:34.500 --> 00:38:35.980
file for them separately.

743
00:38:35.980 --> 00:38:37.580
And you should be using your trade,

744
00:38:37.580 --> 00:38:38.420
for your trademarks,

745
00:38:38.420 --> 00:38:41.020
you should be using that word alone anyway.

746
00:38:41.020 --> 00:38:43.380
It's just gonna make that way more valuable

747
00:38:43.380 --> 00:38:45.100
to you and your company.

748
00:38:45.100 --> 00:38:47.660
Cause it'll keep people away from what you're doing.

749
00:38:47.660 --> 00:38:49.980
And that's, what's really important is

750
00:38:50.540 --> 00:38:51.540
you're segmenting your markets

751
00:38:51.540 --> 00:38:53.420
and you're saying, stay away from my territory.

752
00:38:53.420 --> 00:38:54.660
This is mine.

753
00:38:54.660 --> 00:38:55.780
And so they, you know,

754
00:38:55.780 --> 00:38:58.260
that allows you to take up more for,

755
00:38:59.420 --> 00:39:00.340
for what do you call it?

756
00:39:00.340 --> 00:39:02.780
For sales and for taking more,

757
00:39:02.780 --> 00:39:05.840
like I said, territory and in a specific marketplace.

758
00:39:05.840 --> 00:39:08.620
So let me, did that help Jay?

759
00:39:08.620 --> 00:39:09.460
Yeah, that was perfect.

760
00:39:09.460 --> 00:39:10.280
Thank you.

761
00:39:10.280 --> 00:39:11.120
Awesome. You're welcome.

762
00:39:11.120 --> 00:39:12.780
All right, Natalie, let me go to you.

763
00:39:14.900 --> 00:39:17.200
Let's see now, I've almost forgot my question.

764
00:39:18.200 --> 00:39:21.280
So for the specimen,

765
00:39:21.280 --> 00:39:23.360
if it's like a, for example,

766
00:39:23.360 --> 00:39:24.900
like online courses,

767
00:39:24.900 --> 00:39:28.040
would that be a screenshot or something of?

768
00:39:28.040 --> 00:39:29.600
Yeah, that's a great question.

769
00:39:29.600 --> 00:39:32.720
So let me show you an example of what,

770
00:39:33.640 --> 00:39:35.520
this is something we actually went through.

771
00:39:35.520 --> 00:39:38.920
A number of people asked this exact question

772
00:39:38.920 --> 00:39:40.000
in the protection portal.

773
00:39:40.000 --> 00:39:42.460
So I'll show you exactly what I showed them.

774
00:39:43.640 --> 00:39:45.660
Let me share my screen.

775
00:39:46.500 --> 00:39:48.340
Share screen.

776
00:39:48.340 --> 00:39:49.240
There we go.

777
00:39:49.240 --> 00:39:51.740
All right, so let's say I went through my,

778
00:39:51.740 --> 00:39:55.380
let's say that the protector idea challenge

779
00:39:55.380 --> 00:39:58.380
is actually protected, right?

780
00:39:58.380 --> 00:39:59.220
So,

781
00:40:00.000 --> 00:40:03.720
When I look at, let's say,

782
00:40:03.720 --> 00:40:07.100
see right here, Protect Your Idea Challenge,

783
00:40:07.100 --> 00:40:09.000
TM, see that right there?

784
00:40:09.000 --> 00:40:11.800
That's use of the trademark on the site.

785
00:40:11.800 --> 00:40:18.240
What it covers is the providing of in-person and virtual

786
00:40:18.240 --> 00:40:26.880
educational services focused on protection of new creations.

787
00:40:26.880 --> 00:40:29.000
When I go down here,

788
00:40:29.000 --> 00:40:31.920
you'll see it's a five-day challenge.

789
00:40:31.920 --> 00:40:34.680
This is what I'm training on every day.

790
00:40:34.680 --> 00:40:36.040
There it is. See that?

791
00:40:36.040 --> 00:40:38.360
Then right here, yes, Save My Spot.

792
00:40:38.360 --> 00:40:40.200
It's telling you where to purchase it.

793
00:40:40.200 --> 00:40:41.860
That's the Save My Spot.

794
00:40:41.860 --> 00:40:44.440
It even goes in and tells you what are the parts.

795
00:40:44.440 --> 00:40:47.520
There's a registration, there's a Facebook group.

796
00:40:48.040 --> 00:40:52.080
These are the actions used at Protect Your Idea.

797
00:40:52.080 --> 00:40:54.680
Then separately, there's the cost.

798
00:40:54.680 --> 00:40:56.920
Yes, the Save My Spot.

799
00:40:56.920 --> 00:40:59.800
This is giving you all the data,

800
00:40:59.800 --> 00:41:02.280
not only about the challenge,

801
00:41:02.280 --> 00:41:05.800
but it's giving you all the data that is

802
00:41:05.800 --> 00:41:07.640
listed under the recitation of

803
00:41:07.640 --> 00:41:09.920
services for a trademark application.

804
00:41:09.920 --> 00:41:11.820
Since it's on the site,

805
00:41:11.820 --> 00:41:14.040
I can actually just do this,

806
00:41:14.040 --> 00:41:24.400
right-click, print, and then wait until the preview is done.

807
00:41:24.400 --> 00:41:26.420
I wonder why things are slower today.

808
00:41:26.420 --> 00:41:29.940
There we go. This whole site right here, see this?

809
00:41:29.940 --> 00:41:32.300
I can take this right here,

810
00:41:32.300 --> 00:41:33.940
I can save it as a PDF,

811
00:41:33.940 --> 00:41:36.580
and I can submit this as a specimen.

812
00:41:36.580 --> 00:41:40.260
Because it's showing the services listed.

813
00:41:40.260 --> 00:41:42.460
These are the services right there.

814
00:41:42.460 --> 00:41:44.260
Introduction to this,

815
00:41:44.260 --> 00:41:46.300
it's giving you the cost.

816
00:41:46.300 --> 00:41:49.780
There's a place to buy the purchase.

817
00:41:49.780 --> 00:41:52.420
All of this is listed there.

818
00:41:52.420 --> 00:41:54.420
I can actually just right-click,

819
00:41:54.420 --> 00:41:58.460
print that, and send it out with no problem.

820
00:41:58.460 --> 00:42:00.720
That can actually be a specimen.

821
00:42:00.720 --> 00:42:02.980
Now, here's the interesting thing, Natalie.

822
00:42:02.980 --> 00:42:06.180
One thing I would say be really careful about is,

823
00:42:06.180 --> 00:42:08.660
what I find a lot of people do is they

824
00:42:08.660 --> 00:42:14.300
use their trademark in a descriptive sense on their websites.

825
00:42:14.500 --> 00:42:20.780
As an example, somebody calls their people like idea protectors,

826
00:42:20.780 --> 00:42:23.700
and then they try to file for

827
00:42:23.700 --> 00:42:27.500
idea protector in International Class 41,

828
00:42:27.500 --> 00:42:31.020
which is for online training, educational courses.

829
00:42:31.020 --> 00:42:33.460
But then when you read the website,

830
00:42:33.460 --> 00:42:39.020
it says, allow us to train you to become an idea protector.

831
00:42:39.020 --> 00:42:42.820
That's using it in a descriptive sense.

832
00:42:42.820 --> 00:42:45.860
You're seeing what the people are.

833
00:42:45.860 --> 00:42:48.860
That is the worst specimen you can send in,

834
00:42:48.860 --> 00:42:51.100
because that's exactly what the examiner is looking for.

835
00:42:51.100 --> 00:42:52.860
The examiner is looking going,

836
00:42:52.860 --> 00:42:55.100
all right, let me read this thing.

837
00:42:55.100 --> 00:42:58.460
There it is, idea protector trying to own.

838
00:42:58.460 --> 00:43:01.500
They're saying, let us allow you to become an idea protector.

839
00:43:01.500 --> 00:43:04.660
That means idea protector is a description of a person.

840
00:43:04.660 --> 00:43:06.300
Boom, they reject you with

841
00:43:06.300 --> 00:43:10.220
a merely descriptive trademark application, rejection.

842
00:43:10.220 --> 00:43:13.860
Using your own information against you.

843
00:43:13.860 --> 00:43:15.420
It's the worst scenario.

844
00:43:15.420 --> 00:43:17.340
It's like the best way to win a case in

845
00:43:17.340 --> 00:43:19.180
litigation is get the other party to say

846
00:43:19.180 --> 00:43:21.140
something and then use

847
00:43:21.140 --> 00:43:23.540
their own testimony against them in the court.

848
00:43:23.540 --> 00:43:25.620
It's the best way, and that's why

849
00:43:25.620 --> 00:43:27.660
you have what's called depositions.

850
00:43:27.660 --> 00:43:29.460
Where were you on this date?

851
00:43:29.460 --> 00:43:31.100
What did you do on this date?

852
00:43:31.100 --> 00:43:33.460
Did you see this? Did you know this person?

853
00:43:33.460 --> 00:43:34.940
Did you meet them ever before?

854
00:43:34.940 --> 00:43:36.820
Blah, blah, blah. You've got all the answers.

855
00:43:36.820 --> 00:43:39.020
Now, when you're in front of the jury,

856
00:43:39.020 --> 00:43:40.620
is this your testimony?

857
00:43:40.620 --> 00:43:42.140
Is this what you said? You said this,

858
00:43:42.140 --> 00:43:43.620
this, this, and this, therefore that.

859
00:43:43.620 --> 00:43:44.980
Thank you. Bye.

860
00:43:44.980 --> 00:43:47.900
That's exactly what the examiner seeks to do.

861
00:43:47.900 --> 00:43:50.420
Just be careful on your specimen that there is

862
00:43:50.420 --> 00:43:53.860
no example of the trademark application

863
00:43:53.860 --> 00:43:56.140
itself being used or

864
00:43:56.140 --> 00:43:58.260
the words being used for the trademark

865
00:43:58.260 --> 00:44:00.140
in a descriptive sense.

866
00:44:00.140 --> 00:44:01.980
Don't do that.

867
00:44:01.980 --> 00:44:05.060
Just be really careful with that.

868
00:44:05.060 --> 00:44:10.740
All right. Let me go to Joyce, Joyce.

869
00:44:14.980 --> 00:44:18.300
There you go.

870
00:44:18.300 --> 00:44:24.060
Hello, my friend. Can you hear me?

871
00:44:24.060 --> 00:44:25.540
I clicked it at the same time,

872
00:44:25.540 --> 00:44:28.140
so you unmuted me.

873
00:44:28.140 --> 00:44:32.020
Anyway, I have to ask,

874
00:44:32.020 --> 00:44:34.340
this could just be old wives' tale,

875
00:44:34.340 --> 00:44:38.940
but somebody, I don't remember who,

876
00:44:38.940 --> 00:44:42.140
said if you put your,

877
00:44:42.180 --> 00:44:45.620
like my artwork on Facebook,

878
00:44:45.620 --> 00:44:48.780
I lose the ability to trademark or copyright it.

879
00:44:48.780 --> 00:44:50.140
Is that true?

880
00:44:50.140 --> 00:44:52.220
No, that's not true.

881
00:44:52.220 --> 00:44:55.660
Start interrupting. It's really hard to hear her too,

882
00:44:55.660 --> 00:44:58.220
because it's like echoing in a weird way.

883
00:44:58.220 --> 00:44:59.980
Yeah. So what, what,

884
00:45:00.000 --> 00:45:06.160
Joyce just asked was, if you put something on Facebook, if you put your own artwork on Facebook,

885
00:45:06.160 --> 00:45:11.840
does it prevent you from obtaining rights under trademark law or copyright law? And that's not

886
00:45:11.840 --> 00:45:18.320
the case. You most certainly can still file for the things. The problem with Facebook is that

887
00:45:19.200 --> 00:45:24.080
what most people did not do is read the terms and conditions of Facebook when they signed up for it.

888
00:45:24.080 --> 00:45:30.400
And in there, you gave Facebook a non-exclusive license to whatever you publish on their site.

889
00:45:31.040 --> 00:45:38.400
So that means that they can take your content and use it, right? They can use it for many

890
00:45:38.400 --> 00:45:42.080
different purposes. I mean, this is why, you know, when it comes to your birthday,

891
00:45:42.080 --> 00:45:47.600
all of a sudden you get this like happy birthday from Facebook and it's showing you 10 images

892
00:45:48.480 --> 00:45:53.520
and like videos of yourself with other people, pictures of you with other people,

893
00:45:53.520 --> 00:46:00.080
things that you typed in. I mean, it's giving you your own stuff back to you because they have a

894
00:46:00.080 --> 00:46:05.280
legal right to do that because you signed up for their platform and you gave them a non-exclusive

895
00:46:05.280 --> 00:46:10.960
right to do that. So you just got to be careful. What I tell people in general, if you're an artist,

896
00:46:11.840 --> 00:46:20.400
what I tend to tell people who are artists is try not to put anything that's at a high resolution

897
00:46:21.040 --> 00:46:27.440
onto the website, onto Facebook, right? Because what people can do is right-click it,

898
00:46:28.480 --> 00:46:35.760
go and take it somewhere else, get it, like explode it, make it bigger, and then print it,

899
00:46:35.760 --> 00:46:39.680
right? And so all of a sudden, all of your artistic work, this happened to Lynn Lanesky,

900
00:46:40.240 --> 00:46:47.040
which is horrible. People love her work. She was at a convention. People took pictures of it.

901
00:46:47.040 --> 00:46:52.400
And then they took the pictures that they saw online, they brought it to the corner store,

902
00:46:52.400 --> 00:46:57.040
turned into a large print, and now they have it on their walls. And Lynn never got a penny out of it,

903
00:46:57.040 --> 00:47:02.160
like not a single penny of it. She actually went to a doctor's office and saw a print

904
00:47:02.160 --> 00:47:07.840
that she created in the doctor's office and the doctor didn't realize it was her work.

905
00:47:08.960 --> 00:47:15.600
And she said, oh, wow, that's a really nice piece. Where did you get that piece? And they said,

906
00:47:15.600 --> 00:47:21.760
oh, well, we saw it online. We went to such and such store, had it, you know, made into a large

907
00:47:21.760 --> 00:47:27.200
print and put it on the wall. That's copyright infringement. And so she had to tell her own

908
00:47:27.200 --> 00:47:35.600
doctor, well, actually, I'm the artist. That's my work. You can either pay me $150 for the print,

909
00:47:36.640 --> 00:47:44.000
or take it down one or two. And they paid her $150. But the point of this whole thing is that

910
00:47:44.000 --> 00:47:47.040
as artists, you have to be careful. Now, it used to be that you can take

911
00:47:47.840 --> 00:47:54.320
your image and put a watermark on it. There's AI software now that will automatically

912
00:47:54.320 --> 00:48:02.400
remove watermarks. Like it's gotten so good. So what I tell people to do is use a low resolution

913
00:48:02.400 --> 00:48:08.000
with a watermark. Don't do high resolution with a watermark because when you use high resolution

914
00:48:08.880 --> 00:48:12.720
with a watermark, they can remove the watermark and now they have a high resolution image that

915
00:48:12.720 --> 00:48:17.920
they can create new prints from. But if you use a low resolution with the watermark embedded

916
00:48:17.920 --> 00:48:23.920
into the low resolution image, not as a separate frame, but part of the same frame,

917
00:48:24.560 --> 00:48:31.440
then when they pull that extra data out, or that extra data is actually the name for

918
00:48:32.720 --> 00:48:37.600
the pixel information, right? When they pull that data out, there's going to be such low

919
00:48:37.600 --> 00:48:43.760
resolution there, they're not going to be able to create a new image. But just so we're clear,

920
00:48:43.760 --> 00:48:49.760
AI has gotten so smart that it can look at the rest of the image and reproduce what that section

921
00:48:49.760 --> 00:48:55.760
should look like. The technology is so advanced right now. And a lot of people in the public are

922
00:48:55.760 --> 00:49:03.440
not seeing this. I'm seeing this and like I have a separate network called ALUN, the AI

923
00:49:03.440 --> 00:49:08.000
Legal Update Network, right? And so I talk about this stuff there. But in the protection portal,

924
00:49:08.000 --> 00:49:14.560
I cover this as well. We walk through these different programs and what do you do?

925
00:49:14.560 --> 00:49:19.200
What do you do if your livelihood is associated with creating a new image for people to see?

926
00:49:19.200 --> 00:49:25.840
What do you do? This is why artists are panicking right now. You have to learn

927
00:49:26.720 --> 00:49:34.160
what are the resources that are available. You can do things like you can use what's called glazing.

928
00:49:35.280 --> 00:49:39.360
If you're an artist, you can use glazing before you actually use any site.

929
00:49:40.160 --> 00:49:48.080
You're going to drop the link for that, right? Thank you. And so what glazing is, is it's something

930
00:49:48.080 --> 00:49:52.560
that you implement on top of your image before you use it on a site so that they can't actually

931
00:49:52.560 --> 00:49:59.920
take your image and embed it into the site. It's pretty cool. It was created a number, it was

932
00:50:00.000 --> 00:50:06.720
created basically this past year not yeah earlier this this past year um it was created it's still

933
00:50:06.720 --> 00:50:11.920
being refined that's one thing there's also filters that you can use uh whenever you're

934
00:50:11.920 --> 00:50:15.520
you know using your your stuff online but what i tell people in general again is

935
00:50:16.800 --> 00:50:24.240
low dpi small pixels like small image so nobody can blow it up you try to blow it up the data is

936
00:50:24.240 --> 00:50:30.880
so corrupt it's so bad nobody's gonna want it that's why i tell artists to do give them a taste

937
00:50:30.880 --> 00:50:35.760
right you get to see it if you like it you'll buy the bigger print but don't give them high

938
00:50:35.760 --> 00:50:41.760
res images second they see the high res images they don't need you anymore that's it technology

939
00:50:41.760 --> 00:50:48.640
is too advanced yeah so hopefully it helps you out joyce yeah you're welcome you're very welcome

940
00:50:48.640 --> 00:50:53.840
all right let me see if anybody else has any questions today and if not then we will close

941
00:50:53.840 --> 00:50:59.040
and then ray yeah um just to kind of piggyback or coattail on one of the last things you said

942
00:50:59.040 --> 00:51:04.480
was that you know about artists panicking it's not just our um it's our artists but it's also

943
00:51:04.480 --> 00:51:10.480
on the other side of that our our entrepreneurs and our creators because of um third parties that

944
00:51:10.480 --> 00:51:16.880
they're hiring using those types of image sourcing and they don't know so that's another reason um

945
00:51:16.880 --> 00:51:21.360
why our members are going so thoroughly in our protection portal about that topic and the cool

946
00:51:21.360 --> 00:51:25.920
part about it was peter had them ahead of the game what was it maybe seven eight months ago

947
00:51:25.920 --> 00:51:34.400
already and there are corporations and even law firms that weren't even privy to getting that far

948
00:51:34.400 --> 00:51:39.840
ahead and our members were already like leading edge there and protected and they knew exactly

949
00:51:39.840 --> 00:51:45.760
what to do yeah so just so you guys know what ray's actually talking about is that it was about

950
00:51:45.840 --> 00:51:51.280
nine months ago nine ten months ago i did a prediction when ai software was just starting

951
00:51:51.280 --> 00:51:57.200
to get known like chad tpt i did a prediction i said there's going to be three series of major

952
00:51:57.200 --> 00:52:00.880
issues i know jay heard this before because he was in the training that i did on this

953
00:52:00.880 --> 00:52:05.440
but there are three major issues that are going to happen number one people are going to find out

954
00:52:05.440 --> 00:52:09.840
that the information they're putting into artificial intelligence software actually becomes public

955
00:52:09.840 --> 00:52:16.640
domain when they find that out when they've been using ai software for personal information for

956
00:52:17.200 --> 00:52:22.640
health care information for client information they're going to be in shock and they're going

957
00:52:22.640 --> 00:52:26.720
to try to stop that from happening but it's going to be too late i said the second thing that's

958
00:52:26.720 --> 00:52:31.680
going to happen is there's going to be lawsuits against the owners of the software companies

959
00:52:32.240 --> 00:52:36.320
right they're all they're going to get sued and the reason why they're going to get sued is because

960
00:52:36.320 --> 00:52:42.960
they scraped data and they didn't have permission to have access to that stuff and the scraping of

961
00:52:42.960 --> 00:52:51.600
data um they so as an example open in open ai and creating chat tpt scraped the internet and grabbed

962
00:52:51.600 --> 00:52:58.320
all the images like all the data that existed prior to 2021 so all the way through 2021 all

963
00:52:58.320 --> 00:53:05.280
became available on chat tpt right well that includes people's books their blogs like their

964
00:53:05.280 --> 00:53:11.760
personal information it is accessible through chat gpt all right so that's why there's a large

965
00:53:11.760 --> 00:53:18.480
number of lawsuits right now going up against open ai by many people like many i don't mean like one

966
00:53:18.480 --> 00:53:24.640
or two i mean tons of people are super open suing open ai because they they took the data of other

967
00:53:24.640 --> 00:53:30.000
people without legal rights so they violated their copyrights and then the third phase i said was

968
00:53:30.000 --> 00:53:34.880
going to happen is lawsuits against people directly so people that are using the results

969
00:53:34.880 --> 00:53:40.720
of the software that don't understand what you can do and can't do like if i go into mid journey and

970
00:53:40.720 --> 00:53:48.240
i say give me um i'm doing a new marketing campaign for pampers give me a a year old

971
00:53:49.120 --> 00:53:56.720
girl on a you know with a really cute dress she's wearing pampers um and she's on the beach and

972
00:53:56.720 --> 00:54:02.560
there's a pumpy sitting next to her a palm tree in the background really pretty sunset and this

973
00:54:02.560 --> 00:54:10.720
is just to make people you know like pampers right well joyce has a daughter and like she

974
00:54:10.720 --> 00:54:16.640
goes in the mid journey and she says i'm going to create a christmas card for the family and we're

975
00:54:16.640 --> 00:54:21.520
in hawaii this year and so she takes her daughter and she puts her on the beach and she takes a

976
00:54:21.520 --> 00:54:26.960
picture of her and adorable picture and so she takes that picture and she upslows it into mid

977
00:54:26.960 --> 00:54:32.880
journey and makes it into a christmas card well that picture of her is now available to the world

978
00:54:33.520 --> 00:54:38.960
so now pampers goes in and says i want a one-year-old little girl you know on the

979
00:54:38.960 --> 00:54:46.880
beach blah blah blah the picture of her daughter pops up like with a puppy on the beach with a

980
00:54:46.880 --> 00:54:53.280
palm tree with the sunset and now pampers goes out and does an ad campaign with her daughter

981
00:54:54.320 --> 00:54:59.760
on their on their marketing campaign people like what like

982
00:55:00.000 --> 00:55:02.400
Yeah, that's what happens because what you're entering

983
00:55:02.400 --> 00:55:04.480
becomes part of their database.

984
00:55:04.480 --> 00:55:06.560
And that's what they use to give you a result.

985
00:55:06.560 --> 00:55:10.480
So how do you use these tools and not run into problems?

986
00:55:10.480 --> 00:55:12.400
And that's what we've been talking about

987
00:55:12.400 --> 00:55:14.400
in some respect in the protection portal as well.

988
00:55:14.400 --> 00:55:16.240
That's what Ray was talking about.

989
00:55:16.240 --> 00:55:18.900
But we talked about this nine months ago.

990
00:55:20.320 --> 00:55:23.040
This is before all these lawsuits were filed.

991
00:55:23.040 --> 00:55:25.320
This was before anybody knew about copyright

992
00:55:25.320 --> 00:55:27.080
and trademark infringement issues.

993
00:55:27.080 --> 00:55:29.160
So to people that are within our network,

994
00:55:30.280 --> 00:55:32.920
praise God, we're way ahead of the ball game.

995
00:55:32.920 --> 00:55:35.880
They already were talking to their marketing teams

996
00:55:35.880 --> 00:55:38.360
and saying, hey, you're within the company.

997
00:55:38.360 --> 00:55:41.200
I know you like Mid Journey because I've seen it on your,

998
00:55:41.200 --> 00:55:43.520
I've seen Discord on your PC.

999
00:55:44.400 --> 00:55:47.660
You cannot use that for our personal information

1000
00:55:47.660 --> 00:55:49.920
for our clients because whatever you're uploading there

1001
00:55:49.920 --> 00:55:53.720
to create your image now becomes available to third parties

1002
00:55:53.720 --> 00:55:56.080
even if you use it in stealth mode.

1003
00:55:56.080 --> 00:55:59.800
Like we talked about this like nine months ago

1004
00:56:00.600 --> 00:56:02.440
and now all of a sudden all the lawsuits are being filed.

1005
00:56:02.440 --> 00:56:05.320
But fortunately nobody in our network is having problems

1006
00:56:05.320 --> 00:56:06.480
that they knew about this already.

1007
00:56:06.480 --> 00:56:10.160
So, which is, I'm very grateful for that.

1008
00:56:10.160 --> 00:56:15.160
I'm really saddened that people are going

1009
00:56:15.560 --> 00:56:17.160
through lawsuits obviously,

1010
00:56:17.160 --> 00:56:18.960
but I'm glad that it's nobody that we know.

1011
00:56:18.960 --> 00:56:20.320
So Natalie, go right ahead.

1012
00:56:23.320 --> 00:56:25.960
So, and I had another question about trademarks

1013
00:56:25.960 --> 00:56:27.880
in terms of things to trademark.

1014
00:56:27.880 --> 00:56:30.840
So it sounds like you need one for the word mark,

1015
00:56:30.840 --> 00:56:33.280
the business name in other words, right?

1016
00:56:33.280 --> 00:56:36.480
One for the logo, one for maybe a slogan

1017
00:56:36.480 --> 00:56:39.800
and then maybe the name of a major concept

1018
00:56:39.800 --> 00:56:41.000
would be another one.

1019
00:56:41.000 --> 00:56:41.840
Is that right?

1020
00:56:41.840 --> 00:56:44.120
I would say like a major product or service.

1021
00:56:44.120 --> 00:56:47.320
Like, so it's a, it's gotta be,

1022
00:56:47.320 --> 00:56:51.440
there's gotta be actual application or usage, right?

1023
00:56:51.440 --> 00:56:52.560
In interstate commerce.

1024
00:56:52.560 --> 00:56:56.880
So just do it is actually a slogan that's being used

1025
00:56:56.880 --> 00:57:01.880
on t-shirts, on packaging, on like backpacks.

1026
00:57:02.800 --> 00:57:05.040
It's used on a number of different things.

1027
00:57:05.040 --> 00:57:06.960
Just do it, like shorts, right?

1028
00:57:06.960 --> 00:57:09.760
Pants, all those things have just do it on it.

1029
00:57:09.760 --> 00:57:13.720
So they own just do it for sports apparel.

1030
00:57:13.720 --> 00:57:17.840
But if it's just, it's gotta go past the conceptual area.

1031
00:57:17.840 --> 00:57:20.360
Like when it comes to trademarks or copyrights,

1032
00:57:20.360 --> 00:57:22.480
IP in general, it's gotta be fixed.

1033
00:57:22.480 --> 00:57:25.680
Like it has to actually be on something.

1034
00:57:25.680 --> 00:57:30.000
So it has to go past being just an idea

1035
00:57:30.000 --> 00:57:31.680
to actually being implemented.

1036
00:57:31.680 --> 00:57:33.320
This is one of the reasons why I call this

1037
00:57:33.320 --> 00:57:34.800
the Protector Idea Challenge.

1038
00:57:34.800 --> 00:57:36.840
It's actually a play on words

1039
00:57:36.840 --> 00:57:39.800
because the fact of the matter is you can't own an idea.

1040
00:57:39.800 --> 00:57:42.720
You can only own the embodiments of the idea.

1041
00:57:42.720 --> 00:57:44.680
So I call it the Protector Idea Challenge

1042
00:57:44.680 --> 00:57:47.120
intentionally to get lawyers very upset

1043
00:57:47.120 --> 00:57:48.440
because I think it's hilarious.

1044
00:57:48.440 --> 00:57:51.480
Like I'll get these calls, you can't protect an idea.

1045
00:57:51.480 --> 00:57:52.440
It's like, yeah, I know.

1046
00:57:52.440 --> 00:57:53.600
That's why I called it that

1047
00:57:53.600 --> 00:57:57.240
because what it does is it makes the public aware

1048
00:57:57.240 --> 00:58:00.520
of the fact that you can't own these ideas

1049
00:58:00.520 --> 00:58:03.360
because everybody in the public thinks you can own an idea.

1050
00:58:03.360 --> 00:58:05.320
It's only the lawyers that are IP lawyers

1051
00:58:05.320 --> 00:58:07.280
that know you can't own an idea.

1052
00:58:07.280 --> 00:58:10.520
So why not market to people with what they understand

1053
00:58:10.520 --> 00:58:12.280
and then explain the truth to them

1054
00:58:12.280 --> 00:58:14.440
after you've got them there to guide them?

1055
00:58:15.360 --> 00:58:16.560
But lawyers don't think that way.

1056
00:58:16.560 --> 00:58:18.200
They're like, it's wrong.

1057
00:58:18.200 --> 00:58:20.480
It's like, all right, well, you do your own thing, okay?

1058
00:58:20.480 --> 00:58:22.160
Go bill a few hours, go away.

1059
00:58:22.240 --> 00:58:23.400
So.

1060
00:58:23.400 --> 00:58:24.920
Well, the challenge word is on there

1061
00:58:24.920 --> 00:58:27.160
because it sounds like it is a challenge to protect.

1062
00:58:27.160 --> 00:58:28.440
It is.

1063
00:58:28.440 --> 00:58:29.920
And that's, see, you get it.

1064
00:58:29.920 --> 00:58:32.920
That's exactly why the word challenge is there as well.

1065
00:58:32.920 --> 00:58:35.120
So it's not only, the structure is not only a challenge,

1066
00:58:35.120 --> 00:58:37.760
but it's called a challenge, Protector Idea Challenge.

1067
00:58:37.760 --> 00:58:40.440
It's a challenge to be able to protect your ideas.

1068
00:58:40.440 --> 00:58:42.240
And that's what we help you understand

1069
00:58:42.240 --> 00:58:44.120
how to protect your ideas.

1070
00:58:44.120 --> 00:58:45.480
Well, this, what I'm speaking of

1071
00:58:45.480 --> 00:58:47.640
is something that's gonna be used as like a framework

1072
00:58:47.640 --> 00:58:51.480
for all of the discussions, like an acronym.

1073
00:58:51.480 --> 00:58:54.640
So I would assume that would be a good thing to trademark.

1074
00:58:54.640 --> 00:58:56.760
Yeah, so if you're going to,

1075
00:58:56.760 --> 00:58:59.640
let's talk about acronyms for a second here.

1076
00:58:59.640 --> 00:59:01.040
Acronyms.

1077
00:59:01.040 --> 00:59:03.440
It's sort of like a, it's an acronym, if that makes sense.

1078
00:59:03.440 --> 00:59:04.400
Right, right.

1079
00:59:04.400 --> 00:59:06.200
So when you file for an acronym,

1080
00:59:06.200 --> 00:59:09.600
the USPTO is gonna ask you what it stands for, okay?

1081
00:59:09.600 --> 00:59:12.000
So just be careful when you file for an acronym

1082
00:59:12.000 --> 00:59:15.080
that the words that the acronym represents

1083
00:59:15.080 --> 00:59:18.160
are not descriptive of the service or the good.

1084
00:59:18.160 --> 00:59:20.000
Because sometimes people will take something

1085
00:59:20.000 --> 00:59:20.960
that's descriptive

1086
00:59:20.960 --> 00:59:22.680
and then take the first letter of everything

1087
00:59:22.680 --> 00:59:24.480
and say, oh, it's a new word.

1088
00:59:24.480 --> 00:59:26.840
The USPTO is gonna come back and say,

1089
00:59:26.840 --> 00:59:28.720
tell me what it means.

1090
00:59:28.720 --> 00:59:30.080
And when they ask what it means,

1091
00:59:30.080 --> 00:59:32.360
if it's descriptive, they're gonna reject it.

1092
00:59:32.360 --> 00:59:35.560
So just make sure that whatever your acronym is,

1093
00:59:35.560 --> 00:59:37.960
whatever the words are that's associated with the acronym

1094
00:59:37.960 --> 00:59:39.720
are not descriptive of the services

1095
00:59:39.720 --> 00:59:41.840
or the goods that they're covering.

1096
00:59:41.840 --> 00:59:43.040
Just be careful about that.

1097
00:59:43.040 --> 00:59:44.000
I don't think it would be,

1098
00:59:44.000 --> 00:59:48.120
it's an acronym to help people think through something,

1099
00:59:48.120 --> 00:59:49.800
like different categories of things

1100
00:59:49.800 --> 00:59:51.200
for people to think through.

1101
00:59:51.200 --> 00:59:55.400
So it wouldn't be describing specifically,

1102
00:59:55.400 --> 00:59:59.320
I guess, the trademark or the business name.

1103
01:00:00.000 --> 01:00:05.880
It's what I would say is in your case, since you're doing the package anyway, we can talk about this directly.

1104
01:00:06.320 --> 01:00:12.560
Yeah, we'll go through it like in details, like you'll be able to it won't be theoretical because you'll actually be a client.

1105
01:00:12.640 --> 01:00:15.440
So we can talk about all the stuff in a lot of detail.

1106
01:00:16.280 --> 01:00:20.680
But what I would say for you is it's pretty clear that you're involved in multiple things.

1107
01:00:21.120 --> 01:00:23.600
Bring it all. Like, don't be bashful.

1108
01:00:23.600 --> 01:00:26.760
Ask every single question and I'll walk you through that.

1109
01:00:27.160 --> 01:00:32.360
And that let's say you're affiliated with like multiple companies, like multiple things that are going on.

1110
01:00:32.560 --> 01:00:34.640
Bring it from all of them. I don't care.

1111
01:00:35.080 --> 01:00:39.040
I mean, the way I see this is like I'm trying to be accessible to all of you.

1112
01:00:39.040 --> 01:00:40.440
So you guys are successful.

1113
01:00:41.000 --> 01:00:44.560
And so I had one person come in with eight companies.

1114
01:00:45.000 --> 01:00:47.680
I don't know how a human being can run eight companies.

1115
01:00:47.680 --> 01:00:49.120
I have no idea.

1116
01:00:49.120 --> 01:00:52.040
You always say eight because you're crediting his genius.

1117
01:00:52.040 --> 01:00:54.680
But it was 11. Was it really 11?

1118
01:00:54.840 --> 01:00:57.160
It was 11. That's insane.

1119
01:00:57.160 --> 01:00:58.440
I don't understand.

1120
01:00:58.440 --> 01:01:01.840
How does one human being run 11 companies?

1121
01:01:02.240 --> 01:01:05.520
And what's funny is during the meeting, like he he he felt guilty.

1122
01:01:05.520 --> 01:01:07.680
He said, I've got another company.

1123
01:01:07.680 --> 01:01:09.440
Can I ask you a question? I said, all right, look.

1124
01:01:09.760 --> 01:01:11.400
And he asked me that like three times.

1125
01:01:11.400 --> 01:01:15.360
All right. I'm not going to say no to anything that you asked me.

1126
01:01:15.360 --> 01:01:16.880
So just ask everything.

1127
01:01:17.280 --> 01:01:19.200
And when we were done, it was you're right.

1128
01:01:19.200 --> 01:01:21.680
It was 11 companies.

1129
01:01:22.480 --> 01:01:25.080
I'm running two and I'm tired.

1130
01:01:25.080 --> 01:01:27.280
I don't get it. I don't know how he did it.

1131
01:01:27.280 --> 01:01:30.440
God bless him. But he does it and he does it well.

1132
01:01:30.840 --> 01:01:34.640
And so as you're you'll get a list of like,

1133
01:01:34.720 --> 01:01:37.280
what is it like seven or eight things that I listed out?

1134
01:01:37.880 --> 01:01:40.640
The preparation checklist has seven categories.

1135
01:01:40.920 --> 01:01:43.480
But they have subcategories on there. Right.

1136
01:01:43.480 --> 01:01:45.360
So and you don't have to collect them all.

1137
01:01:45.400 --> 01:01:49.280
But when you look at it, you'll see this directly relates to me.

1138
01:01:49.280 --> 01:01:51.200
This one relates to me. This one relates to me.

1139
01:01:51.200 --> 01:01:52.680
That one, not so much.

1140
01:01:52.680 --> 01:01:56.400
So get when you get all that stuff together, then when we have that meeting,

1141
01:01:56.760 --> 01:01:59.560
we can go through everything and don't be bashful.

1142
01:02:00.360 --> 01:02:03.160
This is like it's about you. It's not about me.

1143
01:02:03.200 --> 01:02:07.440
It's to make sure that you are doing extremely well and you do well going forward.

1144
01:02:08.120 --> 01:02:12.480
And then the nice part is within that, you're in the network for a whole year.

1145
01:02:12.480 --> 01:02:14.640
So you can keep bringing questions.

1146
01:02:14.640 --> 01:02:16.440
It's like you're already there.

1147
01:02:16.440 --> 01:02:19.280
So that's the beauty of it. Yeah. OK, great.

1148
01:02:19.840 --> 01:02:22.000
OK, absolutely. Jay, did you have another question?

1149
01:02:23.920 --> 01:02:27.640
No, we were very productive in the last session, so that was really good.

1150
01:02:27.920 --> 01:02:29.040
OK, wonderful. All right.

1151
01:02:29.040 --> 01:02:31.480
Well, with that, I'm going to close for tonight.

1152
01:02:32.000 --> 01:02:34.520
Like I said, I always go over.

1153
01:02:34.520 --> 01:02:36.560
Sorry, Ray, but I always go over.

1154
01:02:36.560 --> 01:02:38.960
And so we'll catch up tomorrow.

1155
01:02:38.960 --> 01:02:43.080
Tomorrow we're jumping into to copyrights and we're going to dig deep.

1156
01:02:43.480 --> 01:02:45.480
All right. Copyrights is a lot of fun.

1157
01:02:45.800 --> 01:02:50.440
It's one of the more fun areas is a lot of practical stuff

1158
01:02:50.440 --> 01:02:53.560
that people actually don't realize are covered by copyrights,

1159
01:02:54.080 --> 01:02:57.240
meaning that, you know, you're you're doing everyday business

1160
01:02:57.240 --> 01:03:01.880
and you don't realize like the music I listen to, the video that I just did,

1161
01:03:02.160 --> 01:03:06.480
the blog that I did, the post that I did, the picture that I just took.

1162
01:03:06.840 --> 01:03:09.960
Like all of these things are protectable by copyright.

1163
01:03:10.360 --> 01:03:13.240
So the big question typically when it comes to copyright is,

1164
01:03:13.800 --> 01:03:16.400
do I really want to spend all this money protecting everything?

1165
01:03:16.880 --> 01:03:18.680
That's the big question.

1166
01:03:18.680 --> 01:03:22.880
And so what exactly should you protect and what don't you want to like?

1167
01:03:22.880 --> 01:03:24.200
Don't even bother.

1168
01:03:24.200 --> 01:03:26.640
And then there's certain things in copyright that you can do

1169
01:03:27.000 --> 01:03:30.880
to protect multiple things at the same time with one filing.

1170
01:03:31.280 --> 01:03:32.600
I'll teach you guys about that.

1171
01:03:32.600 --> 01:03:36.520
There's shortcuts for doing this where you can take like a hundred pictures

1172
01:03:36.520 --> 01:03:39.440
and do it in one filing instead of doing 100 filings.

1173
01:03:39.720 --> 01:03:42.160
So I'll walk you guys through all that. OK.

1174
01:03:42.160 --> 01:03:44.760
Well, with that, all of you have a wonderful evening.

1175
01:03:44.760 --> 01:03:48.360
You've got the link for the foundations and IP.

1176
01:03:48.360 --> 01:03:51.320
They're always available for you to ask questions.

1177
01:03:51.840 --> 01:03:54.960
Like I said, the people that registered, we already had somebody in there.

1178
01:03:54.960 --> 01:03:58.760
But as you register, we'll shoot to the email right away

1179
01:03:58.760 --> 01:04:01.120
so that you can schedule time.

1180
01:04:01.120 --> 01:04:04.200
But we'll also get you that list of all the different questions

1181
01:04:04.200 --> 01:04:06.600
and you can add more stuff there, too. I don't mind.

1182
01:04:06.720 --> 01:04:09.080
So are you guys have an awesome night?

1183
01:04:09.080 --> 01:04:11.320
Hopefully this is helpful and I'll catch you guys tomorrow.

1184
01:04:12.240 --> 01:04:13.200
All right. Thanks, Mike.

1185
01:04:13.200 --> 01:04:15.360
Take care. You're so welcome. Take care.